Statutory warranty for defects

Statutory warranty for defects

A complaint under this procedure is addressed to the beau-and-eco.pl shop as the seller. This procedure is intended for businesses and (in the case of contracts concluded on or after 25.12.2014) also for consumers. If the item sold has a defect, a buyer using this procedure may: request that the item be replaced with a defect-free item, request that the defect be remedied, make a declaration reducing the price or make a declaration withdrawing from the contract and consequently request a cash refund.

If the Buyer chooses to have the item replaced with a defect-free item or to have the defect remedied, the seller is obliged to replace the defective item with a defect-free item or remedy the defect within a reasonable time and without excessive inconvenience to the Buyer. The seller may refuse to comply with the Buyer's request if bringing the defective item into conformity with the contract in the manner chosen by the Buyer is impossible or would entail disproportionate costs compared with the other possible way of bringing it into conformity with the contract.

If the Buyer chooses a price reduction or withdrawal from the contract, the seller may prevent the exercise of these rights if the seller replaces the defective item with a defect-free item or remedies the defect without delay and without excessive inconvenience to the Buyer. This restriction does not apply if the item has already been replaced or repaired by the seller or if the seller has failed to fulfil the obligation to replace the item with a defect-free item or remedy the defect. If the Buyer is a Consumer, they may request that the item be replaced with a defect-free item instead of having the defect remedied as proposed by the seller, or request that the defect be remedied instead of having the item replaced, unless bringing the item into conformity with the contract in the manner chosen by the buyer is impossible or would entail disproportionate costs compared with the manner proposed by the seller.

The detailed rules governing complaints under the statutory warranty for defects are set out in the Polish Civil Code.

The seller is entitled to ask an expert to examine the item that is the subject of the complaint to determine whether the goods are actually defective, which means that this complaints procedure may be time-consuming. Under the statutory warranty for defects, the period within which the seller must notify the Consumer of the seller's position regarding a request to replace the item or remedy the defect, or a declaration reducing the price, is 14 days.